succession certificate
Querist :
Anonymous
(Querist) 01 May 2010
This query is : Resolved
My father met with an accident and was in coma for 3yrs,in dec,2008 he passed away with no will. We were always a nuclear family (2 daughters) & got no support from my dad's family. my mother had applied for a successon certificate but the court also wants my grandmother to testify, but she would put an objection. she is financialy independant and owns a house in U.P.
Please advise if there is a way to contest the court's decision regarding my grandmother's NOC.
This was my question before to which the experts answered that "Yes, my grandmother is entitled to a share"
Thankyou for your precious advice.
My grandmother has always been independant.As she used to live in UP and we usd to live in delhi. She has got an independant house on her name as well as a lot of cash in the form of FDR's. My Uncle(her eldest son)is an engineer and also both my cousins are employed as engineers in reptued companies.The succesion certificate was applied by my mother to acess the money in my father's saving and current a/cs.
My question now is that:
1) Can we contest our Grandmother's share in court?
If yes, then how and if no, then please tell a way through wich we can minimise her share?
2) Can we claim for maintence? As my father was the only earning member and all the money my mother had went into his treatment.I am married and my younger sister is hearing impaired and is totally dependent on my mother. This is the only money we are left with for which we have been fighting for the past 8 yrs.
3)Can we also claim a share in her property and all the cash she has in the form of FDR's under her name in the bank? As she does'nt want us to have anything and wants to give everything she has to my tauji.
4)As I am married can my husband also claim a share in my fathr's assets?And will it be a seperate share from my mother's and mine?
5)We (both daughters) have signed the NOC, now if my Granny objects and inists on her share, what will the proportion in which the money will be divided?(will she get one-fourth or half?)
I desperatly need an experts opinion and please answer to the qustions in order as I find it quite difficult to understand.
Hoping to get a positive answer.
Gulshan Tanwar
(Expert) 01 May 2010
The best way to claim is "application of morality" that serve your old parents/ grandparents, in return they will give even what they dont possess, in the interest of humanity, just do it.
Querist :
Anonymous
(Querist) 01 May 2010
We tried doing that but she loves her grandsons and thinks they will run the family as we will get married nywaz.
Dont know what to do?
Please tell me if we can contest her objection in the court?
G. ARAVINTHAN
(Expert) 02 May 2010
File a Succession Original Petition against your grandmother.
Krishnamurthy Ramdas Iyer
(Expert) 02 May 2010
(1)As your father died Inter state i.e without leaving a Will .
If you can prove your Grandmother(GM)has lots of FDR money and house as stated by you and she was not dependent on your father, you can contest her share in your father's property and pray to the court for not asking GM's NOC.Also was your father's bank A/cs in single or joint names?
(2)No maintainence can be claimed from anybody by you.
(3)If she does not leave a Will then you can claim your deceased father's share.However if she makes a Will then property will be shared on basis of that Will.
(4)your husband has no share in your father's assets
(5) Prove GM was not depended on your father .
Querist :
Anonymous
(Querist) 03 May 2010
Thank you soo mch for your valuable advice.
My father's bank A/c's are all under single name.
How can we prove that she has a lot of FDR money and a property on her name? Because she has the FDR certificates and the property papers not us.
The court has already sent her a summon. Can we still plead against my GM giving a NOC?
How can we prove that she is not dependant on my father? She has gets my grandfather's pension.
can we as grand-daughters ask for a share in her property and cash?
Is'nt my grandmother also responsible for my father's treatment?
Krishnamurthy Ramdas Iyer
(Expert) 03 May 2010
U stated she has house and FDRs,anyway u can't prove it,it so appears.
on summons she can be asked in court for her wealth/income statement to prove her financial independence.also state she has grandfather's pension.
no,only if she dies with out Will you can succeed your father's share.
No GM not responsible for your father's treatment.
I fail to understand how Court has asked for NOC when your mother should succeed the Bank A/cs
Querist :
Anonymous
(Querist) 05 May 2010
We dont know either that why the court has asked us to obtain my GM NOC, as we had already put an advertisment in the newspaper for anyone who wants to claim a share over my dad's assets.our lawyer mentioned it again to the judge, but he said its standard procedure.
Can we ask any of our neighbours to testify in court saying that our GM does'nt live with us.will that be enough proof?
I fail to understand that if my GM is not responsible for my dad's treatment then how is she even entitled to a share in my dad's assets? does'nt every right come with a responsibility?
